Citing health reasons, Durby stepped down from his judge seat on Oct. 2.

In a letter to Haslam, Durby said he was undergoing tests and treatment and hoped to "soon return to the bench."

Durby was appointed judge in 1996 and had worked as the Chancery Court clerk and master for a decade before that appointment.

There are five sessions court judges who can make rulings on crimes with penalties of less than a year in jail. Sessions judges hear nearly all cases for probable cause before determining whether the case will proceed to the grand jury for a possible indictment.

Contact staff writer Todd South at tsouth@timesfree press.com or 423-757-6347.